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MYERS v. HOLLISTER

No. 12420.

226 F.2d 346 (1955)

John D. MYERS, Appellant, v. John B. HOLLISTER, Director, International Cooperation Administration, Philip M. Young, Chairman, and George M. Moore and Frederick J. Lawton, Commissioners, United States Civil Service Commission, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided September 1, 1955.

Attorney(s) appearing for the Case

Mr. Charles F. O'Neall, Washington, D. C., with whom Mr. Robert B. Lagather, Arlington, Va., was on the brief, for appellant.

Mr. Harold H. Greene, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., Lewis Carroll and William F. Becker, Asst. U. S. Attys., were on the brief, for appellees.

Mr. John S. Mears, Washington, D. C., filed a brief on behalf of The American Legion, as amicus curiae, urging reversal.

Before PRETTYMAN, WASHINGTON and DANAHER, Circuit Judges.

WASHINGTON, Circuit Judge.

This case involves the construction of the so-called MSA proviso contained in Section 7(f) of the Mutual Security Act of 1952, 22 U.S.C.A. § 1655(d). The proviso is to the effect that ninety days after the enactment of the Mutual Security Act of 1952 the personnel administering the Act, with certain exceptions not material here, shall be in the aggregate at least five per cent less than the number on June 1, 1952: "Provided further...

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